Madras High Court
Syed Ahamed @ Ahamed Syedhu vs The Deputy Superintendent Of Police on 12 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A.No.383 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.06.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.383 of 2025
Syed Ahamed @ Ahamed Syedhu ...Appellant
Vs.
1.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Nagapattinam.
2.The Inspector of Police,
Nagapattinam Town Police Station,
Nagapattinam.
(Crime No.128 of 2025)
3.Poonkodi ... Respondents
Prayer: Criminal Appeal filed under Section 14(A)(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities
Amendment) Act, praying to set aside the order dated 01.04.2025 made
in Crl.M.P.No.330 of 2025 on the file of the District and Sessions Judge,
Nagapattinam in connection with the Crime Number 128 of 2025 on the
file of the respondent police by allowing this Criminal appeal.
For Appellant : Mr.Karthikeyan
for K.Pragadeesh Kumar
For R1 & R2 : Mr. S.Raja Kumar
Additional Public Prosecutor
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2
JUDGMENT
This Criminal Appeal has been filed as against the order made in
Crl.M.P.No.330 of 2025 dated 01.04.2025 on the file of the District and
Sessions Judge, Nagapattinam, thereby dismissing the petition for bail.
2. Heard the learned counsel appearing for the appellant and
the learned Additional Public Prosecutor for the respondents 1 and 2 and
perused the materials placed before this Court. Though notice served on
the third respondent, today, no one is appeared on behalf of the third
respondent either by person or through pleader.
3. The appellants is arrayed as sole accused in Crime No.128 of
2025 on the file of the second respondent registered for the offences
punishable under Sections 303(2), 325 & 351(3) of BNS, 2023, read with
Sections 3(1)(r), 3(1)(s) of the Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act, alleging that the accused had committed
theft of one goat from the defacto complainant, the defacto complainant,
on seeing the head of the goat inside the mutton stall of the appellant,
questioned him. The appellant abused the defacto complainant with filthy
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language using her caste name and threatened her with goat-cutting
knife. Hence, the complaint.
4. After registration of FIR, the appellant was arrested and
remanded to judicial custody on 24.03.2025. Thereafter, the appellant
filed a bail application before the District and Sessions Judge,
Nagapattinam in Crl.M.P.No.330 of 2025 and the same was dismissed.
Hence, the appellant filed the present appeal seeking bail.
5. Considering the above facts and circumstances and also the
period of incarceration undergone by the appellant from the date of his
arrest i.e., 24.03.2025, this Court is inclined to grant bail to the appellant.
Accordingly, the order dated 01.04.2025 made in Crl.M.P.No.330 of
2025 on the file of the District and Sessions Judge, Nagapattinam, is
hereby set aside.
6. Accordingly, this Criminal Appeal stands allowed and the
appellant is ordered to be released on bail on his execution of a bond for
a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties,
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each for a like sum to the satisfaction of the District and Sessions Judge,
Nagapattinam and on further conditions that:
[a] the sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the
Magistrate may obtain a copy of their Aadhar card or
Bank pass Book to ensure their identity.
[b] the appellant shall report before the second
respondent police daily at 10.30 a.m., for the period of
two weeks and thereafter, as and when required for
interrogation.
[c] the appellant shall not abscond either during
investigation or trial.
[d] the appellant shall not tamper with evidence or
witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take appropriate
action against the appellant in accordance with law as if the
conditions have been imposed and the appellant released on
bail by the learned Magistrate/Trial Court himself as laid
down by the Hon'ble Supreme Court in P.K.Shaji vs. State
of Kerala [(2005)AIR SCW 5560].
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[f] If the accused thereafter abscond, a fresh FIR
can be registered under Section 229A IPC.
12.06.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
Lpp
To
1.The District and Sessions Judge, Nagapattinam
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Nagapattinam.
3.The Inspector of Police,
Nagapattinam Town Police Station,
Nagapattinam
4.The Public Prosecutor,
High Court, Madras.
5.The Section Officer,
Criminal Section,
High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
Lpp
12.06.2025
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